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Bombay High CourtBA/1126/2023disposed off

Ravindra S/O Digambar Shinde v. The State Of Maharashtra And Another

2023-08-01Hon'Ble Shri Justice S. G. Mehare2 pages

923-ba-1126-2023.odt (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO.1126 OF 2023 RAVINDRA S/O DIGAMBAR SHINDE

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicant : Mr. Rahul R. Karpe APP for Respondent/State : Mr. Y.G. Gujarati Advocate for Respondent No.2 : Mr. S.S. Khoche h/f Mr. D.P. Palodkar ...

CORAM : S.G. MEHARE, J.

DATED : AUGUST 01, 2023 PER COURT:- 1.

Heard learned counsel for the applicant, learned APP for the State and learned counsel for respondent no.2. 2.

The applicant has filed the bail application before the learned Incharge Additional Sessions Judge, Shrigonda on 13.05.2023. The charge sheet was filed on 08.06.2023. However ,the order rejecting the bail application of the learned Incharge Additional Sessions Judge, Shrigonda reveals that the charge sheet has not been considered. Perhaps it might not have been brought to the notice of the Court that the charge sheet has been filed. The charge sheet was available with the concerned parties. In such a situation, the application ought to have been decided on merit considering the charge sheet. In the given circumstances, it would be appropriate to

923-ba-1126-2023.odt (2) direct the learned Incharge Additional Sessions Judge, Shrigonda to decide the bail application on merit considering the charge sheet. 3.

In above terms, the application stands disposed of. 4.

The learned Incharge Additional Sessions Judge to decide the application within a week from the date of receipt of this writ. (S.G. MEHARE, J.) Mujaheed//